Dattu Santu Ranmale And Others v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

APPELLATE SIDE JURISDICTION CRIMINAL APPLICATION NO. 2024 OF 2016 IN APEAL/227/2016 DATTU SANTU RANMALE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicants : Mr. Vinod Y. Bhide. APP for Respondent : Mrs. R. K. Ladda.

...

CORAM :

INDIRA K. JAIN, J.

DATE :

11th April, 2016.

P.C.:

.

Issue notice to Respondent.

Learned APP waives service of notice for sole Respondent.

Perused impugned judgment and order dated 31st March, 2016 passed by the learned Additional Sessions Judge, Sangamner in Sessions Case No.11 of 2004 Applicants were convicted for the offences punishable under Sections 304-II, 307, 326, 324, 143, 147, 148 and 149 of the

Indian Penal Code.

Initially offence was registered against 20 persons. Charge-sheet was filed against 19 Accused. During pendency some of the Accused died. Trial commenced against 15 Accused out of which Trial Court acquitted 10 Accused persons and 5 Applicants before this Court were convicted as stated above. Learned counsel for Applicants submits that during trial Applicants were on bail. Considering the offences alleged against Applicants, term of sentence awarded by Trial Court and role attributed to Applicants this Court is inclined to suspend the substantive sentence of imprisonment during pendency of appeal. Hence the following order -

O R D E R

I.

Criminal Application No.2024 of 2016 is allowed. II.

Substantive sentence of imprisonment imposed by the Trial Court is suspended till disposal of appeal.

III.

Applicants are released on bail on P.R. and S.B. of Rs.15,000/- (Rupees Fifteen Thousand only) each.

IV.

Bail before the Trial Court.

[ INDIRA K. JAIN, J. ] ndm